Comments on Real Life LEED: Schinnerer: LEED AP = Higher Standard of Care

Interesting post. One aspect of the "higher ...

2009-07-08T17:37:38.568-04:00

Interesting post. One aspect of the "higher standard of care" issue that needs to be kept in mind is that under many professional liability policies there is an exclusion for instances where the insured has assumed a higher standard of care than the traditional prevailing standard of care expressed in the AIA contract template (i.e. that degree of skill and care ordinarily exercised by architects practicing in the same area at the same time).
If and when LEED expertise and detailed knowledge of green building rating systems such as LEED becomes the "norm", then there would be no coverage issue. Until that time, there is an E and O coverage issue potentially present. Since E and O policies, unlike GL policies, vary significantly from carrier to carrier (i.e., insured to insured), it is necessary to review such policies prior to finalizing standard of care language in a design contract.
Mike Gibbons

The piece that strikes me, as you, is that CNA is ...

2009-07-01T11:21:39.379-04:00

The piece that strikes me, as you, is that CNA is saying "will" not "may". I bet a lot of architects are going to cringe when this article pops up in cross-examination of expert witnesses at trial discussing why LEED AP's in fact, do have an elevated standard of care.

Tim Hughes
www.beankinney.com

Amen Brother! This is very intriguing as it perta...

2009-06-25T10:27:13.641-04:00

Amen Brother! This is very intriguing as it pertains to the marketability of trade contractors having a LEED AP+ on staff and the unique risks faced amid claims of expertise by credentialing.
Mark

You keep finding all of the good stuff! Nice find...

2009-06-24T17:04:37.560-04:00

You keep finding all of the good stuff! Nice find.

Schinnerer definitely knows what they are talking about when it comes to green building liability issues. Frank Musica works for Schinnerer and he has documented over 22 green building claims in an AIA presentation. Also, Schinnerer issues A/E E&O policies so they wouldn't necessarily benefit from this type of litigation. If anything, they would want to avoid it.

With that said, Schinnerer recognizes that the standard of care has or will likely shift with the new LEED AP credentialing system. Now that practitioners are being segregated from non-practitioners, LEED AP will mean more. A higher standard of care may result.

By the way, great post on the CIR issue. I highlighted it on my blog today.

Chris